The main legal point established in the judgment is the narrow and technical interpretation of the word 'publish' in S. 3 of the Indian States (Protection against Disaffection) Act 1922, and the application of the principle of resolving any doubt in favor of the subject in the interpretation of Penal Statutes.

Niyog, A J C—The appellant Sardar Diwan Singh Maftoon was admittedly the editor, printer and publisher of a weekly newspaper, styled ''The Riyasat,'' at Delhi. In the issue of that newspaper dated 17th August 1929, there appeared two articles which were calculated to bring His Highness the Nawab of Bhopal into hatred or contempt or excite disaffection towards him. On 4th December 1929 Khwaja Muhammad Akram Khan, who was then the Inspector-General of Police in the Bhopal State, filed with the sanction of the Governor-General-in-Council as required by S. 5, Indian States (Protection against Disaffection) Act 1922, a complaint in the Court of the Railway Magistrate, Hoshangabad, on the allegation that the offending issue of the Riyasat had been published at Itarsi railway station, at Hoshangabad and other places within the jurisdiction of that Court. The trial was eventually held in the Court of Mr. Syed Ahmad Hussain, First Class Magistrate exercising powers under S. 30, Criminal P.C., and the appellant was convicted on 20th June 1933 of an offence punishable under S. 3, Indian States (Protection against Disaffection) Act 1922 and sentenced to three years' rigorous imprisonment. On appeal to the Sessions Judge, Hoshangabad, that conviction was upheld, but the sentence was reduced to one year. The appellant then filed in this Court an application for revision which was heard by Subhedar, A.J.C. The learned Judge found that the trial had been illegal for the reason that nine offences had been combined in the charge against him as follows:

I. S. Ahmad Hussain, First Class Magistrate, hereby charge you, Sardar Diwansingh Maftoon, as follows: That you on or about 17th August 1929 edited and printed in the issue of that, date of the 'Riyasat newspaper or were the author of the article headed ''Pandit Motilal Nehru and Bhopal'' (Ex. P-8), contained in the issue of the paper above and published the same at Itarsi and Hoshangabad railway stations between Hoshangabad and Itarsi railway stations at Itarsi, Harda and Bankheri,' which brings or is intended to bring H.H. the Nawab of Bhopal into hatred or contempt or excites or is intended to excite disaffection towards him and thereby committed an offence punishable under S. 3, Indian States (Protection against Disaffection) Act of 1922, and within my cognizance. And hereby direct that you be tried on the said charge.

2. On behalf of the applicant it was urged before him that the offence of publishing a libel under S. 3, States Act of 1922 was confined to the place of initial publication of it as contemplated by the declaration of the printer and publisher given under S. 5(2) of Act 25 of 1867, and that he could not be held criminally responsible for the publication of the offending article at any place other than Delhi, which was declared by him as the place of publication of the newspaper Riyasat. The learned Judge overruled the contention on the view that the word ''publish'' occurring in S. 3 of the aforesaid Act was comprehensive enough to include circulation of the newspaper at places other than the declared place of publication. The learned Judge held further that the offence of publication was committed at each of the several places in the district of Hoshangabad where the newspaper was circulated and that the combined trial for offences of publication exceeding three contravened the mandatory provisions of S. 234, Criminal P.C. Acting on this view he set aside the conviction and sentence and ordered a de novo trial which was to be restricted to any three of the several offences of publication which had formed the subject matter of the previous trial. Pursuant to the order of Subhedar, A.J.C, a fresh trial was held in the Court of the first class Magistrate at Hoshangabad on the following three charges which were all framed in the following terms :

That you on or about the 19th August 1929 at the Itarsi Railway Station published an article entitled 'Pandit Motilal Nehru and Bhop